Молдавские правозащитники и адвокаты о массовых нарушениях прав задержанных и арестованных

нарушения прав задержаных и арестованныхМолдавские правозащитники и адвокаты сообщают о массовых нарушениях прав и свобод человека по отношению к задержанным и арестованным участникам антиправительственных выступлений в Кишиневе.

 

 

13 April 2009
Chisinau, Republic of Moldova

Your Excellencies,

We are writing to you to draw your attention to the recent and ongoing abuses of the rights of persons arrested in relation to the events of 6 – 8 April 2009 in Chisinau, Republic of Moldova.

We are deeply concerned by the widespread violations of human rights, particularly of arrested persons, specifically the right to life, the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, the right to liberty and security, the right to a fair trial and the rights to freedom of assembly, association and expression. In response to the demonstrations in Chisinau, which started on 6 April, and included acts of violence and vandalism that took place on 7 April, the government authorities have begun an ongoing campaign of mass-arrests, in particular discriminating against individuals of student age.

According to lists published on 12 April by the Ministry of Internal Affairs of Moldova, by 11 April, 129 people had been arrested, out of which 88 people have been given between 2 - 15 days of administrative detention, 22 people have been fined, 4 people have been released and there is no information regarding the current status for 15 people. Additionally, according to the same source, criminal investigations have been opened on a further 86 detained people, the status of which is unknown. There is sufficient evidence to assert that the published lists of those detained are incomplete, including a number of individuals whose whereabouts have not been communicated to their relatives in due time.

There are repeated and consistent reports that the rights of many of those being detained are being violated. We have collected information regarding approximately 100 individuals, arrested between 7 – 11 April. From the statements of their lawyers, relatives or friends, and from our own observations, the following systematic violations are occurring:

Individuals are not informed of the reasons for their arrest
They are usually arrested by unidentified men in plain clothes
Family or next of kin are frequently not being informed of the whereabouts of those detained

Regarding access to lawyers:
Detained persons are not being given access to a lawyer in due time and there are reports that people have been beaten for requesting a lawyer
There are reports that people have been questioned without the presence of a lawyer
There are reports that lawyers are not present during court proceedings
Private meetings with a lawyer are not ensured
Many people, including minors, have reported beatings and other cruel, inhuman and degrading treatment when being detained and during police custody

Regarding criminal proceedings:
Many pre-trial arrest hearings are taking place in district police commissariats
Lawyers report that they are usually denied access to their clients before court hearings about pre-trial arrest
Prosecutors are submitting unsubstantiated requests for pre-trial arrest
Investigative judges are issuing unsubstantiated decisions about pre-trial arrest
There is no public information about the place and time of these hearings
Court hearings about pre-trial arrest are lasting no longer than 10-15 minutes per person and individuals are not given sufficient time or opportunity to provide their own arguments to defend themselves Decisions of 30 days of pre-trial arrest are being made as a rule, rather than an exception, and people are not being informed of their right to appeal against these desicions

Other procedural rights violations.

Regarding administrative proceedings:
Lawyers or relatives are being given no information about these hearings or are being denied access to them
Administrative detention is predominantly used

On 11 April members of the Consultative Council for the Prevention of Torture (National Preventive Mechanism), accompanied by the UN Human Rights Advisor to Moldova and a criminal defence lawyer tried to visit several police stations and penitentiary institutions in Chisinau, where individuals were reportedly being detained or ill-treated. By law, the Consultative Council for the Prevention of Torture must be given access to any place of detention at any time with no prior warning. Nonetheless, the General Police Commissariat of Chisinau refused to give access and gave no reason for this refusal. The Central District Police Commissariat also refused access, stating that there were no detainees there, although the Supervising Prosecutor later confirmed that there were 5 people being held there. Access was only granted to the penitentiary institution No.13 after 3 hours of negotiations and with the intervention of the Ombudsman. (See Annex 1 for more information about this visit).

As a state party to numerous international human rights standards, including the International Covenant for Civil and Political Rights and the European Convention of Human Rights, as well as according to the Moldovan Constitution and other domestic legislation, the government of Moldova is obliged to respect and protect the rights of its citizens. As indicated above, and documented in Annexes 1 and 2, large scale and systematic human rights and procedural violations are taking place currently in Moldova. We are deeply concerned that these violations will continue.

We ask Your Excellencies to call on the Moldovan authorities to respect human rights and comply with their obligations under international law. We urge Your Excellencies to make an official visit to Moldova as soon as possible to assess the situation “on the ground” and demand that the Moldovan authorities stop all human rights violations and respect the rule of law in the country.

Sincerely,

Igor Dolea, Director, Institute for Penal Reform of Moldova
Evghenii Golosceapov, Lawyer, civil society activist
Igor Grosu, Independent expert, civil society activist
Vlad Gribincea, President, Public association Lawyers for Human Rights
Vanu Jereghi, Vice President of the Consultative Council for the Prevention of Torture (OPCAT National Preventive Mechanism), Director of Moldovan Human Rights Institute
Nadejda Hriptievschi, Lawyer, civil society activist
Vlad Lupan, Independent expert
Ion Manole, Director, Promo-Lex Association
Sergiu Ostaf, Director, Centre for Human Rights Resources, CReDO
Ludmila Popovici, Director, RCTV Memoria (Rehabilitation Centre for Torture Victims)
Veaceslav Turcan, Defence lawyer and civil society activist

Victor Ursu, Executive Director, Soros Foundation – Moldova Victor Zaharia, Lawyer, Institute for Penal Reform, State University of Moldova

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